What actions by the Developer or its Owners can Aira Fitness seek to prohibit through injunctive relief?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
and orders of specific performance to: (i) enforce the provisions of this Agreement relating to your use of the Marks and the non-disclosure and non-competition obligations under this Agreement; (ii) prohibit any act or omission by Developer or its Owners that constitutes a violation of any applicable law, ordinance or regulation, constitutes a danger to the public, or may impair the goodwill associated with the Marks or the AIRA FITNESS franchises; (iii) prevent any other irreparable harm to our interests; (iv) enforce your obligations upon termination or expiration of this Agreement; and (v) prohibit an assignment or attempted assignment of any interest in this Agreement or Developer in violation of the applicable provisions of this Agreement. If we obtain an injunction or order of specific performance, you agree to pay us an amount equal to the total of our costs of obtaining it, including, without limitation, reasonable attorneys' fees, expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses and travel and living expenses, and any damages we incur as a result of the breach of any such provision. You further agree to waive any claims for damages in the event there is a later determination that an injunction or specific performance order was issued improperly.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness can seek injunctive relief against a Developer or its Owners to enforce specific provisions of the agreement. This means Aira Fitness can ask a court to order the Developer or its Owners to stop certain actions.
Specifically, Aira Fitness can seek injunctive relief to enforce the use of their Marks, non-disclosure and non-competition obligations, and to prevent actions that violate laws, endanger the public, or harm the goodwill associated with the Aira Fitness brand. They can also seek injunctive relief to enforce obligations upon termination or expiration of the agreement, and to prohibit unauthorized assignments of interest in the agreement or the Developer.
If Aira Fitness obtains an injunction or order of specific performance, the Developer agrees to cover all associated costs, including attorneys' fees, expert witness fees, investigation costs, court costs, and travel expenses. The Developer also waives any claims for damages if the injunction is later determined to have been issued improperly. This clause highlights the serious legal and financial ramifications for a franchisee who violates the terms of the agreement and is subject to an injunction.